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Reflections On The Applicationc Of The System Of Confession,Punishment And Leniency In Procuratorial Organs

Posted on:2021-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:N WangFull Text:PDF
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The system of leniency to those who plead guilty and plead guilty was established in 2018 as a major reform measure in China,which provides a safeguard for improving the efficiency of judicial proceedings and the judicial status quo of the backlog of cases,more conducive to the protection of the legitimate rights and interests of the accused.However,as a newly established system,the system of leniency to those who confess their crimes and accept punishment is always full of frustrations in the process of practice,there are some problems in the application scope of the case of confession and punishment,the suggestion of sentencing and the supporting system.The lack of legal assistance in cases where they confess their crimes and accept punishment,the absence of sentencing norms for the procuratorial organs to apply the system of leniency to those who confess their crimes and accept punishment,and the lack of necessary communication and consultation in sentencing proposals,the rights and interests of the accused have not been fully protected,the appeal rate and the revision rate of the second trial are slightly higher.Therefore,it is necessary to perfect the above-mentioned problems in the process of the application of the system of leniency to guilty plea and punishment by the procuratorial organs,so as to make it more suitable for the current requirements of the judicial practice in our country.Based on the analysis of the implementation of the leniency system,this paper puts forward a series of practical suggestions on the problems existing in the application ofthe leniency system.First of all,the extension of the scope of the system organs mainly includes two aspects: increasing the quantities of organs and expanding the scope of application of the crime.Secondly,to effectively implement the duty lawyer system,we should not only establish and improve the duty lawyer system,but also give them the right to review files to cooperate with the application of plea guilty.Thirdly,the detailed sentencing mechanism of guilty plea cases is mainly to establish a clear range of sentencing range,and at the same time,as far as possible to determine the penalty and improve accuracy.Thirdly,the procuratorial organ should provide the system arrangement and the safeguard for the sentencing consultation,strengthen the effective communication between the prosecution and the defense in the consultation process,and strengthen the effective help of the lawyer in the consultation process to maximize the rights and interests of the accused.Finally,we should guarantee the right of the accused to plead guilty and punish,including the right of the accused to repent,the right of appeal,and the right of the accused to plead guilty and punish.
Keywords/Search Tags:Guilty Plea, Plea Bargaining, sentencing advice, legal help
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